Case Note & Summary
The petitioners, who are the plaintiffs in a civil suit, filed a writ petition challenging an order passed by the trial court allowing an application filed by defendant No.1 to strike off the name of defendant No.2, a cooperative housing society, from the array of defendants. The plaintiffs had filed a suit for specific performance of contract, declaration, confirmation of possession, and permanent injunction in respect of a suit property. The suit property belonged to defendant No.2 society, and defendant No.1 was a member of the society. The plaintiffs sought a decree directing defendant No.1 to execute a registered sale deed in their favour and directing defendant No.2 to give a No Objection Certificate (NOC) or any other documents for execution of the sale deed. The trial court allowed the application to strike off defendant No.2, holding that the society was not a necessary party. The High Court, in its analysis, noted that the plaintiffs had specifically prayed for a direction to defendant No.2 to give NOC, which was essential for the execution of the sale deed. The court held that the society was a necessary party as its NOC was required, and the trial court had erred in striking off its name without considering this aspect. The High Court set aside the impugned order and directed the trial court to proceed with the suit with both defendants on record.
Headnote
A) Civil Procedure Code - Order 1 Rule 10 - Striking off Defendant - Necessary Party - In a suit for specific performance of contract for sale of property belonging to a cooperative society, the society is a necessary party as its NOC is required for execution of sale deed - The trial court erred in striking off the society's name without considering that the plaintiffs sought a direction to the society to give NOC - Held that the society is a necessary party and its name cannot be struck off (Paras 3-6).
Issue of Consideration
Whether the trial court was justified in allowing the application to strike off the name of defendant No.2 (the cooperative society) from the array of defendants in a suit for specific performance of contract.
Final Decision
The High Court allowed the writ petition, set aside the impugned order dated 13.1.2017 passed by the trial court, and directed the trial court to proceed with the suit with both defendants on record.
Law Points
- Order 1 Rule 10 CPC
- necessary party
- proper party
- specific performance of contract
- cooperative society
- NOC
- striking off defendant
